HomeMy WebLinkAboutC-3666 - Encroachment Agreement for 411 Avocado AvenueRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
Post Office Box 1768
3300 Newport Boulevard
Newport Beach, CA 92659-1768
91=289427.
$13.00
C11
IECORDED IN OFFICIAL RECORD)
OF ORANGE COUNTY, CALIFORNIA
-3Q§. PM JUN 7 '9 1
ce,e, a. v im''` RECORDER
Space above this line for Recorder's use only.
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this
3./ day of
ltt % , 1991, by and between Donald D. Byerly and Marlys
Jane erly, whose address is 411 Avocado Avenue, Newport Beach,
also known as Lot 184 of Tract No. 2813 (hereinafter "OWNER"),
and the City of Newport Beach, California, a municipal ..;<,,
corporation organized and existing under and by virtue of;,its ,
Charter and the Constitution and the laws of the State o,fI"`,L.
California, (hereinafter "CITY"); `�UL +$ 1�1
�17�C
W I T N E S S E T H:
WHEREAS, OWNER desires to construct certain non-standard
improvements (hereinafter "PERMITTED IMPROVEMENTS") within a
portion of an existing public utility and access easement serving
Lot 184 of Tract No 2813. The Easement is located within the
easterly portion of Lot 183 of Tract 2813 and the westerly
portion of Lot J85 of Tract 2813 (hereinafter "EASEMENT") as
shown on a map recorded in Book 94, Pages 45 to 47 inclusively of
Miscellaneous Maps in the office of the County Recorder of Orange
County, California; also known as 411 Avocado Avenue, Newport
Beach, California; and
WHEREAS, said PERMITTED IMPROVEMENTS may interfere in the
future with CITY'S ability to construct, operate, maintain, and
replace CITY and other public facilities and improvements within
RIGHT-OF-WAY; and
WHEREAS; the parties hereto desire to execute an agreement
providing for fulfillment of the conditions required by CITY to
permit OWNER to construct said PERMITTED IMPROVEMENTS;
NOW, THEREFORE, in consideration of the mutual promises, the
parties hereto agree as follows:
1. It is mutually agreed that PERMITTED IMPROVEMENTS shall
be defin
ed as textured concrete paving, turf block, catch basin
and entry gates as shown on EXHIBIT
approved by the City Engineer.
"A"
attached hereto and as
2. CITY will allow OWNER to construct, reconstruct,
install, maintain, use, operate, repair and replace said
1
PERMITTED IMPROVEMENTS and appurtenances inciaental thereto,
within EASEMENT, all in substantial conformance with plans and
specifications on file in the CITY. CITY will further allow
OWNER to take all reasonable measures necessary or convenient in
accomplishing the aforesaid activities.
3. OWNER and CITY further agree as follows:
a. OWNER shall install sewer cleanouts for the sewer
laterals serving lots 183 and 184 as approved by the Utilities
Department.
b. OWNER shall provide a lock box system on gate to
provide City access to existing utilities. The design of the
lock box system shall be approved by the Public Works Department
prior to issuance of any permits for construction of the gate.
c. OWNER may construct and install PERMITTED
IMPROVEMENTS and appurtenances incidental thereto, in substantial
conformance with plans and specifications therefor on file in the
CITY's Public Works Department, and as described on Exhibit "A"
hereto attached.
d. OWNER shall maintain the PERMITTED IMPROVEMENTS in
accordance with general prevailing standards of maintenance, and
pay all costs and expenses incurred in doing so. However,
nothing herein shall be construed to require OWNER to maintain,
replace or repair any CITY -owned pipeline, conduit or cable
located in or under said PERMITTED IMPROVEMENTS, except as
otherwise provided herein.
e. If City or other public facilities or improvements
are damaged by the installation or presence of PERMITTED
IMPROVEMENTS, OWNER shall be responsible for the cost of repairs.
f. That should CITY be required to enter onto said
EASEMENT to exercise its primary rights associated with said
EASEMENT, including but not limited to, the maintenance, removal,
repair, renewal, replacement or enlargement of existing or future
public facilities or improvements, provided CITY has engaged in
reasonable efforts to avoid damage to these permitted
improvements, CITY may remove portions of the PERMITTED
IMPROVEMENTS, as required, and in such event:
(i) CITY shall notify OWNER of its intention to
accomplish such work, if any emergency situation does not exist.
(ii) OWNER shall be responsible for arranging
for any renewal or restoration of the PERMITTED IMPROVEMENTS
affected by such work by CITY;
2
(iii) CITY agrees to bear only the cost of any
removal of the PERMITTED IMPROVEMENTS affected by such work by
CITY;
(iv) OWNER agrees to pay all costs for renewal
or restoration of the PERMITTED IMPROVEMENTS.
4. OWNER shall indemnify and hold harmless CITY, its City
Council, boards and commissions, officers and employees from and
against any and all loss, damage, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' fees
(when outside attorneys are so utilized), regardless of the merit
or outcome of any such claim or suit arising from or in any
manner connected with the design, construction, maintenance, or
continued existence of the PERMITTED IMPROVEMENTS.
5. OWNER agree that this Agreement shall remain in full
force and effect from execution thereof; shall run with the land;
shall be binding upon the heirs, successors, and assigns of
OWNERS' interest in the land whether fee or otherwise, and shall
be recorded in the Office of the County Recorder of Orange
County, California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first -above written.
APPROVED AS TO FORM:
By:
City
ATTEST:
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
OWNER:
By:
By:
3
STATE OF CALIFORNIA
ss:
COUNTY OF ORANGE
On -7 )4.!' 3 J
Notary Public in nd for
Phil Sansone
of Newport Beach and
me to be the City Clerk
to be the persons whose
, 1991, before me, the undersigned, a
the State, personally appeared
, known to me to be the Mayor of the City
Wanda E. Raggio , known to
of the City of Newport Beach, known to me
names are subscribed to the within
instrument, and acknowledged
WITNESS my hand and
to me that they executed the same.
official seal,
/47,2
Notary Public in
id State
,ESTATE OF CALIFORNIA )
��'COUNTY OF �OTa" JF �G n) s s
On A/ �, 1 ? '/. , 1991, before me, the undersigned, a
Notary ubliciin and for the State, personally appeared
/fl4 y5 sXx/E6v & ' rfrft ioNdep • , known to
me (or proved to me on the basis of satisfactory evidence) to be
the person ( whose name (are) subscribed to the within
instruction and acknowledged that ha[-he/thty,executed the same.
otary l-blic in and for said State
OPPICIAl.. NOTARY SEAL
MISTY CLvUDINE TH( .AS
Not -Ty PLDi1C: - CO,VC,-na
LOS >NGE.LES COUP.' TY
My Comm. Expires JAN 21,19 5
4
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